Restraining Orders

The prosecutor may be the one to let you know if amending the bond condition is possible or not. Conditions that are set on a defendant can be set to protect others in society (including the victim of the crime and others), to prevent the person from fleeing, or for other reasons. Often times, even if a victim does not want a protection order or to press charges, the judge may still keep the order in place and the prosecutor may still proceed with the charges since the defendant violated the laws of the state. The prosecutor represents the state’s interests, not specifically what the crime victim wants. In sum, I do not know if the judge would agree to change the conditions or not - perhaps the prosecutor can let you know whether this is something that may be possible.

If you are thinking of trying to drop the bond conditions and/or not pressing charges because he has not been bothering you lately, you may want to consider whether or not you think he may not be bothering you because he is fearful of violating the order and being arrested. Many people abuse their partners even after they’ve “promised not to” or after they swear that they have “changed.” Once you drop the order, there may be nothing to stop him from re-starting the abuse that caused you to get the order in the first place. If you get rid of your order, you will lose all of the protection that your order gives you. Even if you keep the order but ask the prosecutor to change the terms so that he can contact you (if the prosecutor agrees), you may be at risk of threats and harassment. You might want to talk to a local domestic violence advocate before trying to drop the order to see what other options may work for you instead. Go to our State and Local programs page to find local advocates. LINK
Or if you do get the order or case dropped, you may want to look at our Safety Planning page to help plan for your safety in other ways. http://www.womenslaw.org/simple.php?sitemap_id=3